In the Matter of Hunterdon County Board of Chosen Freeholders, Appellant, and Communications Workers of America…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, holding that the County’s unilateral implementation of a safety‑incentive program violated the Employer‑Employee Relations Act because the program was a mandatory subject of collective bargaining, and that the County’s unilateral termination of the program also violated the Act as a retaliatory unfair practice. The Court applied a deferential "arbitrary or capricious" standard to review the PERC findings. Justice Stein, concurring in part and dissenting in part, agreed with the implementation holding but disagreed that the termination was unlawful, arguing the County had a legitimate business justification.